New York Workers' Compensation: Benefits, Filing & Your Rights (2026)

New York workers' compensation provides comprehensive benefits for employees injured on the job, administered by the New York State Workers' Compensation Board (WCB). If you've been injured at work in New York, you're entitled to medical treatment, wage replacement, and permanency awards through one of the nation's most worker-friendly systems.

New York offers unique features including the Schedule Loss of Use (SLU) system for extremity injuries, Section 32 settlements for claim resolution, and mandatory Independent Medical Examinations every 6 months for ongoing benefits. Understanding NY workers' comp laws and how to navigate the WCB system is essential to maximizing your benefits and protecting your rights.

Whether you work in New York City, upstate, or anywhere in the state, this guide explains everything you need to know about workers' compensation in New York.

Quick Facts: New York Workers' Compensation

Who Is Covered in New York?

Coverage Requirements

Employer threshold: 1 or more employees (including part-time)

Nearly universal coverage: New York has among the broadest workers' comp coverage in the nation

Covered industries:

• All private sector employers with 1+ employees
• All public sector employees (state, county, municipal)
• Domestic workers working 40+ hours per week for one employer

Covered Employees

Included:

• Full-time and part-time employees
• Seasonal and temporary workers
• Undocumented workers (full coverage)
• Corporate officers and LLC members (unless they elect exemption)
• Domestic workers (40+ hours/week for single employer)
• Farm workers
• Volunteers for nonprofits (in certain circumstances)

Exemptions:

• True independent contractors
• Sole proprietors (unless they elect coverage)
• Partners in partnership
• Corporate officers/LLC members who elect exemption
• Volunteers (in most cases)
• Taxi drivers who own their medallion

Benefits Available in New York

Medical Benefits

Coverage: 100% of all reasonable and necessary medical treatment related to work injury

No cost to employee: No deductibles, co-pays, or out-of-pocket expenses

Includes:

• Emergency care
• Doctor visits
• Hospital stays
• Surgery
• Prescription medications (prior authorization may be required)
• Physical therapy
• Medical equipment
• Mileage reimbursement ($0.17/mile)

Doctor selection:

• First 30 days: Employer can require treatment with company doctor
• After 30 days: You can choose your own authorized treating physician
• Must be authorized by Workers' Compensation Board

Independent Medical Examinations (IMEs):

• Required every 6 months to continue receiving benefits
• Insurance carrier schedules IME
• IME doctor evaluates your condition
• Failure to attend can result in suspension of benefits

Temporary Disability Benefits

When paid: While you're unable to work during recovery

Amount: 66.67% (two-thirds) of your average weekly wage

Maximum weekly benefit (2026): $1,220.80 per week

Minimum weekly benefit: Varies based on percentage of disability

Waiting period: 7 days

• First 7 days unpaid unless disability exceeds 14 days
• Then retroactively paid

Duration: As long as you're temporarily disabled (no set maximum)

Average weekly wage: Based on wages in year before injury (or shorter period if employed less than a year)

Example: If you earned $4,500/month ($1,038/week):

• TD benefit = $1,038 × 66.67% = $692/week

Permanent Disability: Schedule Loss of Use (SLU)

New York's unique system: Schedule Loss of Use (SLU) for specific body parts (extremities, eyes, hearing)

Scheduled members (body parts with fixed schedules):

• Arms
• Hands
• Fingers
• Legs
• Feet
• Toes
• Eyes
• Hearing

How it works:

1. Doctor determines percentage of loss of use of the body part
2. Percentage applied to maximum weeks for that body part
3. Benefits paid at 66.67% of average weekly wage for that many weeks

Maximum weeks by body part (NY Workers' Compensation Law § 15(3)):

• Arm: 312 weeks
• Leg: 288 weeks
• Hand: 244 weeks
• Foot: 205 weeks
• Eye: 160 weeks
• Thumb: 75 weeks
• First finger: 46 weeks
• Great toe: 38 weeks
• Other fingers/toes: Fewer weeks

Example: 25% loss of use of arm

• 25% × 312 weeks = 78 weeks of benefits
• If AWW was $1,000/week: $666/week × 78 weeks = $51,948 total

Key advantage: You receive SLU benefits even if you return to work at full wages

Learn more: New York Schedule Loss of Use Explained

Permanent Partial Disability (Non-Scheduled)

For injuries not covered by SLU (back, neck, internal organs, psychological):

Classification system:

• Permanent partial disability: Lasting impairment but can still work
• Paid as percentage of wages lost due to disability
• Based on medical evidence and loss of wage-earning capacity

Duration: Varies based on degree of disability (can be lifetime for severe cases)

Permanent Total Disability

When awarded: Cannot perform any type of work due to injury

Amount: 66.67% of average weekly wage

Maximum: $1,220.80/week (2026)

Duration: Lifetime

Qualifying injuries:

• Total loss of sight in both eyes
• Loss of both arms/hands/legs/feet
• Permanent and total paralysis
• Severe brain injury
• Injuries rendering person permanently and totally disabled from working

Death Benefits

Burial expenses: Up to $15,000 (highest in nation)

Survivor benefits:

• Spouse: 66.67% of deceased's average weekly wage (until remarriage)
• Children: Benefits for dependent children (until age 18 or 23 if full-time student)
• Maximum: $1,220.80/week (2026)

How to File a Workers' Compensation Claim in New York

Step 1: Report the Injury

Timeline: Within 30 days of accident (or within 2 years of when you knew injury was work-related for occupational diseases)

How: Written notice to employer using Form C-2 (Employee Claim)

Late notice: Can jeopardize claim, but not automatic bar if good cause for delay

Step 2: Seek Medical Treatment

Emergency: Go to nearest emergency room

Non-emergency:

• First 30 days: Employer can require treatment with company doctor
• After 30 days: Choose your own WCB-authorized doctor

Tell doctor: This is a work-related injury

Step 3: File Form C-3 with Workers' Compensation Board

Employer files: Form C-2 (Employer's Report) and Form C-3 (Employer's Report of Work-Related Injury/Illness)

Within: 10 days of learning of injury

Employee files: Form C-3 if employer doesn't file

Where to file: www.wcb.ny.gov

Step 4: Insurance Carrier Responds

Timeline: Must respond within 18 days (or 25 days for controverted cases)

Options:

• Accept claim: Form C-7 (Notice of Acceptance)
• Deny claim: Form C-7 (Notice of Controversy/Denial)

If accepted: Benefits begin

If denied: You can request a hearing

Step 5: Attend Hearings (If Disputed)

Workers' Compensation Law Judge (WCLJ) hears disputed cases

Process:

1. Pre-hearing conference
2. Formal hearing with evidence and testimony
3. Judge issues decision
4. Appeal to Workers' Compensation Board (full board)
5. Further appeal to Appellate Division

Filing Deadline

Statute of limitations: 2 years from:

• Date of accident, OR
• Date of last payment of compensation, OR
• Date of disablement for occupational disease

Learn more: How to File a New York Workers' Comp Claim

Section 32 Settlements

What is a Section 32 settlement?: Agreement to resolve workers' comp claim with lump-sum payment

Named after: Workers' Compensation Law § 32

How it works:

• Both parties agree to settle all or part of claim
• Typically includes medical and/or indemnity (wage replacement) benefits
• Must be approved by Workers' Compensation Law Judge

Types:

• Full and final: Closes entire case (medical and indemnity)
• Medical only: Resolves only medical benefits (indemnity continues)
• SLU only: Resolves schedule loss of use award

Advantages:

• Immediate lump sum payment
• Certainty (no more hearings/disputes)
• Can use money as you choose

Disadvantages:

• Give up future medical treatment (in full settlements)
• May receive less than full benefits
• Cannot reopen case

Important: Consult attorney before accepting Section 32 settlement

Medicare Set-Aside (MSA): May be required for large settlements to protect Medicare's interests

Learn more: Section 32 Settlements in New York

New York-Specific Features

Frequent IMEs

Requirement: Independent Medical Examination every 6 months to continue receiving benefits

Purpose: Insurance carrier verifies ongoing disability

Consequences of missing IME: Benefits suspended until you attend

Your rights:

• Bring someone with you
• Request different doctor if conflict of interest
• Challenge IME findings at hearing

Loss of Wage-Earning Capacity

For non-scheduled injuries (back, neck): Benefits based on loss of wage-earning capacity

Factors considered:

• Medical restrictions
• Age
• Education
• Work experience
• Transferable skills
• Labor market in your area

Carrier Disputes Common

In New York: Insurance carriers frequently dispute claims, request IMEs, and seek to reduce/terminate benefits

Strategy: Strong medical documentation and legal representation are important

Retaliation Protections

New York Workers' Compensation Law § 120: Prohibits discrimination for filing claim

Remedies:

• Reinstatement
• Lost wages
• Liquidated damages (additional penalty)
• Attorney's fees

Learn more: New York Workers' Comp Retaliation

Covered Injuries in New York

Compensable injuries:

• Accidents arising out of and in course of employment
• Occupational diseases from workplace exposure
• Repetitive trauma (carpal tunnel, herniated discs)
• Aggravation of pre-existing conditions
• Hearing loss from noise exposure
• Psychological injuries (if arising from work conditions)

Generally not covered:

• Injuries during commute (unless traveling for work)
• Self-inflicted injuries
• Injuries from intoxication (rebuttable presumption)
• Injuries during purely personal activities at work

Learn more: Covered Injuries in New York Workers' Comp

New York Workers' Compensation Board

Website: www.wcb.ny.gov

Services:

• File claims online
• Check claim status
• Schedule hearings
• Access medical treatment guidelines
• Provider authorization

District Offices: 10 locations statewide (Albany, Binghamton, Brooklyn, Buffalo, Hempstead, Manhattan, Peekskill, Queens, Rochester, Syracuse)

Helpline: 1-877-632-4996

Frequently Asked Questions

1. How much will I receive in New York workers' comp?

Temporary disability pays 66.67% of your average weekly wage, up to $1,220.80/week (2026). Permanent disability depends on the body part injured and uses the Schedule Loss of Use system.

2. What is Schedule Loss of Use (SLU)?

SLU is New York's system for compensating permanent injuries to extremities, eyes, and hearing. A doctor determines what percentage of function you've lost, which is applied to a fixed schedule of weeks to calculate your award.

3. Can I choose my own doctor?

After the first 30 days, yes. Initially, your employer can require treatment with their company doctor, but after 30 days you can select your own WCB-authorized physician.

4. How long do I have to file a claim?

2 years from the date of injury, date of last compensation payment, or date of disablement for occupational disease.

5. What is a Section 32 settlement?

A Section 32 settlement is a lump-sum agreement that resolves your workers' comp claim. It must be approved by a Workers' Compensation Law Judge and typically closes your case.

6. What is an IME?

An Independent Medical Examination is an evaluation by a doctor selected by the insurance carrier. In New York, IMEs are required every 6 months to continue receiving benefits.

7. Can I get SLU benefits even if I return to work?

Yes! Schedule Loss of Use benefits are paid regardless of whether you've returned to work or are earning full wages. This is a major advantage of New York's system.

8. Can I be fired for filing workers' comp?

No. New York Workers' Compensation Law § 120 prohibits retaliation. You can seek reinstatement, lost wages, and liquidated damages if fired for filing a claim.

9. Do I need a lawyer?

Consider one for permanent disability claims, denied claims, settlements, or retaliation cases. New York workers' comp cases can be complex, and attorneys can significantly increase your recovery. Most work on contingency (typically 10-15% of award).

10. What if my claim is denied?

Request a hearing before a Workers' Compensation Law Judge. You'll present medical evidence and testimony. If you lose, you can appeal to the full Workers' Compensation Board and then to the Appellate Division.

Related New York Topics

• New York Wrongful Termination
• New York Workplace Retaliation
• New York Wage and Hour Laws

Legal Disclaimer

This guide provides general information about New York workers' compensation laws. It is not legal advice. Your specific situation may involve unique factors. For advice about your case, consult a qualified New York workers' compensation attorney. Filing deadlines are strict—do not delay seeking legal help if you've been injured at work.

Last updated: January 5, 2026